Title: 

APD 021509

Significant Decision

Date: 

July 30, 2002

Issues: 

Existence of Compensable Inj

Table of Contents

APD 021509

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing was held on May 21, 2002. The hearing officer resolved the disputed issue by determining that the appellant (claimant) did not sustain a compensable injury on__________. On appeal, the claimant expresses disagreement with this determination. The appeal file contains no response from the respondent (carrier).

DECISION

We affirm the hearing officer’s decision.

The record in this case presented conflicting evidence for the hearing officer to resolve. The hearing officer is the sole judge of the relevance, materiality, weight, and credibility of the evidence presented at the hearing. Section 410.165(a). The decision should not be set aside because different inferences and conclusions may be drawn upon review, even when the record contains evidence that would lend itself to different inferences. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). In considering all the evidence in the record, we cannot agree that the findings of the hearing officer are so against the great weight and preponderance of the evidence as to be manifestly wrong and unjust. In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). We therefore affirm the decision and order.

The true corporate name of the insurance carrier is UNITED STATES FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is

PAUL DAVID EDGE

6404 INTERNATIONAL PARKWAY, SUITE 1000

PLANO, TEXAS 75093.

Susan M. Kelley – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Michael B. McShane – Appeals Judge